Sattan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69164 of 2019 Arising Out of PS. Case No.-179 Year-2004 Thana- NATHNAGAR District- Bhagalpur ====================================================== Sattan Yadav Son of Late Sukhdev Yadav Resident of Village- Raghopur Tikar, P.S.- Nathnagar, (Madhusudanpur), District- Bhagalpur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brij Nandad Prasad, Advocate For the Opposite Party/s :

Mr.Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in Nath Nagar (Madhusudanpur) P.S. Case No. 179 of 2004 corresponding to Sessions Trial No. 116 of 2019, registered for the offence punishable under Sections 353, 307 and 34 of the Indian Penal Code.

It is submitted by learned counsel appearing on behalf of petitioner that petitioner has falsely been implicated in this case. Informant claimed to have identified the petitioner in the torch light. Moreover, there is general and omnibus allegation against this petitioner. Petitioner has been remanded in this case on 09.08.2018 and since then he is in judicial custody. From perusal of impugned order, it appears that charge has already been framed on 15.07.2019. After remand,

Patna High Court CR. MISC. No.69164 of 2019(2) dt.25-11-2019 2/2 petitioner is in custody since 09.08.2018.

Keeping in view the period of custody and the fact that charge has already been framed, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge II, Bhagalpur in connection with Nath Nagar (Madhusudanpur) P.S. Case No. 179 of 2004 corresponding to Sessions Trial No. 116 of 2019 subject to the conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T